HomeMy WebLinkAboutZBA-12/11/1997/ APPEALS BOARD MEMBERS
Southold Town Hall
Gerard R Goehringer,Chairman c� G� 53095 Main Road
P.O. Box 1179
James iknizio,Jr. ,? 3 Southold, New York 11971
Gy • �� Fax(516) 765-1823
Lydia A.Tortora ?1p� �a0 _? Telephone (516) 765-1809
George Horning _
Lora S. Collins BOARD OF APPEALS
TOWN OF SOUTHOLD
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 11, 1997
7:20 p.m. The Chairman called the meeting to order.
A Regular Meeting of the SOUTHOLD TOWN BOARD OF
APPEALS was held at the Southold Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY, DECEMBER 11, 1997
commencing at 7:20 p.m.'
Present were:
Gerard P. Goehringer, Chairman
James Dinizio, Jr., Member
Lydia A. Tortora, Member
George Horning, Member
Lora S. Collins, Member
Linda Kowalski, Board ,Secretary
Approximately 25 persons were in attendance at the beginning of the
meeting.
I. SEQRA: Type II Designation: Anne Mazzella.
II. PUBLIC HEARINGS: The legal notice and reverse side of
application were introduced into the record for each of the following
applications. Unless otherwise noted, testimony was received and
at the end of the hearing, motion was made by Chairman Goehringer,
and duly carried, to conclude (close) the hearing, pending
deliberations (later) .
7:20 - 8:00 p.m. Appl. No. 4528. ANNE J. MAZZELLA. Based
upon the Building Inspector's Notice of Disapproval issued August
20, 1997, applicant requests a Variance under Article III, Section
100-33 for approval of proposed location of accessory garage on this
waterfront parcel. Front yard does not conform with 40 ft. setback
requirement. Location of Property: 3895 Paradise Point Road,
Southold, NY; Parcel #1000-81-1-8. Mrs. Mazzella appeared with
Page 2 - Minutes
Regular Meeting - December 11, 1997
Southold Town Board of Appeals
her Builder, Steve Perricone. (Please see written transcript of
hearing for actual statements and discussions prepared under
separate cover.)
8:00 - 10:15 p.m. Continuated Public Hearing: HAY HARBOR
CLUB, INC. Applications, noted below:
Appl. #4503.gg - Special Exception under Article III,
Sections 100-31B(7), subsections (a) through (d), to
construct proposed new building for existing golf course
and related golf uses.
Appl. #4514.1t - This is an application based upon the
July 22, 1997 Notice of Disapproval by the Building
Inspector in which a permit to demolish and reconstruct a
golf clubhouse and employee housing were disapproved on
the following grounds: ". . .Being located in an R-120
District this non-conforming building with a
non-conforming use, permitted only by Special Exception
(under Section 100-31B) shall not be enlarged,
reconstructed or structurally altered or moved unless the
use of such building is changed to a conforming use.,
Article XXIV, Section 100-243A. . . . ." for approval by
Variance and/or Interpretation that golf club may have
accessory employee housing. Location of Property:
Fishers Island, Town of Southold, NY. Patricia Moore.,
Esq. and officers of the club attended the public hearing.
(Please see written transcript of statements made during
hearing.)
Patricia C. Moore, attorney for Hay Harbor Club, Inc. appeared
with Sandy Essers, Architect', Dick Duggan and Chris
DeBonaventura, officers, in behalf of the Club. (Please see written
transcript of hearing for statements and discussions, prepared under
separate cover.)
RESOLUTION: At the end of the hearing, motion was made by
Chairman Goehringer, seconded by Member Dinizio, and duly
carried, to CONTINUE the hearing .on THURSDAY, JANUARY 15,
1998, at which time further information may be requested by the
Board and the applicant's submission of new information (if any).
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, COLLINS and HORNING. This resolution was duly
adopted (5-0).
Page 3 - Minutes
Regular Meeting - December 11, .1997
Southold Town Board of Appeals
III. DELIBERATIONS/DECISIONS.
The Board deliberated and adopted the findings and
determination as shown on the attached'decisions, the originals
of which are on file .with the Town Clerk's Office.
1. Appl. No. #4521 - MARGARETTE J. OWEN.
2. Appl. No. 4512 - CHURCH OF GOD - Internal illumina-
tion of ground sign.
IV. MISCELLANEOUS (RESOLUTIONS[OTHER):
A. COMMUNICATION: Committee Sessions of Planning or
Zoning. (None were scheduled).
B. RESOLUTION Re: List of 1998 Regular Meetings.
RESOLUTION was offered by Member Tortora, seconded by Chairman
Goehringer, and duly carried, to confirm the List of 1998 Meetings
for the purpose of reserving the Meeting Hall for dates of Regular
Meetings. VOTE OF THE BOARD: AYES: All (5-0). This
resolution was duly ADOPTED..
C. COMMUNICATION/DISCUSSION/REVIEW UPDATE: Chairman
confirmed that a draft was circulated as a "general concept"
regarding GREENHOUSES and that it has not yet gone to the Code
Committee for review. Board Members were asked to send any
comments to the Chairman directly and that he would reply with the
PB office staff.
D. RESOLUTION: On motion by Member Tortora, seconded by
Member Dinizio, and duly carried, to recalendar and re-advertise the
application of ELEANOR NAGY for a final public hearing to be held
January 15, 1998 (instead of January 8, 1998).
VOTE OF THE BOARD: Ayes: . Members Goehringer, Dinizio,
Tortora, Horning and Collins. This resolution was duly ADOPTED.
E. RESOLUTION: On motion by Chairman Goehringer, '
seconded by Member Tortora, and duly carried, it was
RESOLVED, to calendar for a public hearing and advertisement
the application of Donald and Maureen Sacker #4527.gg to be held
January 15, 1998 (instead of 1/8).
'Attached at end of minutes and incorporated herewith.
Page 4 - Minutes
Regular Meeting - December 11, 1997
Southold Town Board of Appeals
VOTE OF THE BOARD: Ayes: Members Goehringer, Dinizio,
Tortora, Horning and Collins. This resolution was duly ADOPTED._
F. STATUS UPDATE/RESOLUTION/OTHER: Appl. #4485.jd -
Bell-NYNEX/Rehm Variance request(s) at 425 Westphalia Avenue,
Mattituck. SEQRA: the Chairman indicated he sent a letter to the
Planning Board as the Lead Agency requesting an update. It was
also noted that a written update was expected soon from the Building
Inspector regarding his review under the new law. A tentative
date of February 4, 1998 was offered by the Chairman for a possible
public hearing. No action was taken to calendar this application
for a public hearing at this time.
G. STATUS UPDATE: Bell-NYNEX/Phillips. Special
Exception #4446SE.jd and Variance #4446.gg. Location of Property:
24850 Main Rd. , Orient. No change in status: reviews under the
State Environmental Quality Review Action (SEQRA) are still pending
by the agencies.
H. STATUS UPDATE/OTHER: Appl. #4068.jd - E. SIEVERNICH
Pending receipt of information from applicant and
attorney for adjacent owner. No change in status.
I. STATUS UPDATE: T. PETIKAS. Applications incomplete-
await receipt of documents. Authorize advertising after
documentation is received. Tentative reserved hearing of
1/22 if received by 12/11 (or 2/26 if received between
12/12-1/22) for #4525.jd - Sp. Exc. for Two-Family and
#4526.1t - Area variances. Site Location: Sound Road
and Main/North Road, Greenport. No change in status.
J. OTHER STATUS UPDATE:
#4529.1t - CASA BIANCA/ZAPF. Conversion of
residence to health care use. Location: Private ROW,
N/s Main Road, Orient. Incomplete pending receipt of
additional documentation before scheduling for hearing.
Mrs. C. Andersen confirmed with the Board Secretary
today that they are awaiting property owner authorization
before submitting additional information.
H - K (noted above). RESOLUTION: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED,
a) to calendar and advertise Application #4531.jd - DUANE
PASCALE for public hearing to be held January 15, 1998; and
.-.b) to hold the following in abeyance pending receipt of
information to complete each file:
Page 5 - Minutes
Regular Meeting - December 11, 1997
Southold Town Board of Appeals
Bell-NYNEX, Orient
E. Sievernich
T. Petikas
Casa Bianca/Zapf.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio,
Tortora, Horning and Collins. This .resolution was duly ADOPTED.
(5-0).
IV - L. RESOLUTION: Calendar #4530.gg - AMAC Inc.
On motion by Chairman Goehringer, seconded by Member
Tortora, it was
RESOLVED,
1) if document is received by 1/5/98 to complete file,
to hereby authorize advertisement for February 26, 1998; and
2) send letter to PB requesting review of plan for
preliminary comments regarding site plan layout/elements.
VOTE OF THE BOARD: AYES: Members Tortora, Dinizio,
Goehringer, Collins and Horning. This resolution was duly
ADOPTED (5-0).
IV - M. RESOLUTION: On motion by Chairman Goehringer,
seconded by Member Tortora, it was
RESOLVED, to approve the Minutes of the November 13, 1997
Meeting.
VOTE OF THE BOARD: AYES: Members Dinizio, Goehringer,
Tortora. ABSTAINING: Members Collins and Horning (reason:
appointments begain after the November 13, 1997 meeting). This
resolution was duly ADOPTED (3-0, plus two abstentions).
IV - N. 2RESOLUTION. On motion by Chairman Goehringer,
seconded by Member Tortora, it was
RESOLVED, to authorize applicant (M. and C. Glew) to proceed
in obtaining a building permit, with the understanding that
right-of-way improvements noted in Appl. #3893 dated January 9,
'Attached at end of minutes and incorporated herewith.
Minutes of Decembe 1, 1997 (At nt 1)
APPEALS BOARD MEMBERS SU OZ t
0 C Southold Town Hall
Gerard R Goehringer, Chairman �.� Gym 53095 Main Road
a = P.O.Box 1179
James Dinizio,Jr. Southold,New York 11971
� •
Fax(516)765-1823
Lydia A.Tortora `� j �a0 Telephone(516)765-1809
Lora S. Collins
George Horning BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF DECEMBER 11, 1997
Appl. No. 4521 - M. OWEN PARCEL 1000-7-6-8
STREET & LOCALITY: Isabella Road (Private Road.), Fishers Island
DATE OF PUBLIC HEARING: November 13, 1997
FINDINGS OF FACT
PROPERTY- FACTS/DESCRIPTION:
This property is located in an R-120 Low-Density Residential Zone .
District, being situate on the north side of Isabella Road and
contains a total area of 1.97+-- acres as more particularly shown on
the survey map dated November 13, 1996, , updated June 9, '1997,
prepared by Chandler, Palmer & King, Surveyors The survey map
submitted with this application shows that the subject premises is
improved with a single-family dwelling with deck areas, and a new
addition recently under construction (ref: Building Permit #23889).
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July 23, 1997, which reads as follows: In an R-120' district,
accessory. buildings and structures or other accessory uses shall be
located in the required rear yard subject to the following setback
requirement of 20 feet from any lot line- Article III, Section
100-33B(4).
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
accessory inground swimmingpool with deck in a "front yard area" at
a distance 67 feet from the front (southerly) property line, 70 feet
from the easterly property line. A fence enclosure as required by
codes is shown to be located greater than 35 feet from closest
property lines.
REASONS FOR BOARD ACTION. DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because the proposed location of the accessory
pool and deck exceeds the required minimum front yard setbacks for
principal structures, and natural landscaping provides screening
from view of nearby properties.
Page 2 - December 11, yy7
Appl. #4521: 1000-7-6-8 (Owen)
Southold Town Board of Appeals
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area
variance. The rear yard is steeply sloped and placement of the
pool and deck at its location could create problems of on-site and
off-site stormwater runoff, and threaten the wetland area at the foot
of the slope.
(3) The requested area variance is not substantial because the
proposed front yard location exceeds the minimum setback
requirements for principal dwellings.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the front yard is the best possible location to
minimise potential adverse impacts.
(5) The situation has not been self-created and relates to the
topography and steep contours of the property.
In considering this application, the board finds that the relief
requested is the ' minimum necessary and adequate and at the same
time will preserve and protect the character of the neighborhood,
and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
i
RESOLVED, to GRANT the relief as applied, SUBJECT TO THE
FOLLOWING CONDITION:
All stormwater runoff resulting from construction of the pool and
deck shall be retained on the site through the use of hay bales and
any other mitigation methods deemed necessary.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, HORNING and COLLINS. This resolution was adopted by
unanimous vote of the Board (5-0).
GERARD P. GOEHRINGIER, CHA
Actions.all/7-6-8
Minutes of Decemb 11, 1997 (Attachment 2)
APPEALS BOARD MEMBERS o�OS�fFd( Coy .
�- Southold Town Hall
Gerard P. Goehringer,Chairman =� Gy< 53095 Main Road
c _ P.O. Box 1179
Southold,New York 11971
James Dinizio,Jr. Fax(516)765-1823
Lydia A.Tortora l �a0 Telephone(516)765-1809
Lora S. Collins
George Horning BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS DELIBERATIONS AND DETERMINATION
Appl. No. 4512` = CHURCH OF GOD ,IN CHRIST (Jefferson Temple)
PARCEL 1000-101-1-10
STREET & LOCALITY: 15625 C.R. 48, Cutchogue
DATE OF PUBLIC HEARING: October 23, 1997
FINDINGS (PROPERTY FACTS) :
DESCRIPTION: This property is located in an A-C Agricultural-
Conservation Zone District, being situate on the north side of
County Road 48, Cutchogue, with 115.10 ft. road frontage. This
lot contains a total area of approximately 44,657 sq. ft., as depicted
on the copy of survey map dated May 21, 1982 under this application
and which map shows an existing concrete block building and
separate one-story frame church building.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
September 2, 1997 for the reason that. under Section 100-206B, the
new ground sign placed under Sign Permit Approval T977 has been
internally illuminated. Section 100-206B reads as follows:
B. Both neon and internally illuminated
signs are prohibited, except that freestanding,
business center and wall signs in shopping
centers or in areas zoned Hamlet Business may be
internally illuminated: An existing sign which
is capable of internal illumination may continue
in use in other zones if the lights are not
turned on.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Request to
maintain internal lighting of sign, as e:dsts.
(Note: Also see separate ZBA . decision rendered 11/13/97 regarding
the first reference in the Disapproval regarding the location and
setback of the "as built" sign - which was approved.)
REASONS FOR BOARD ACTION DESCRIBED BELOW:
After considering Section 100-205.1-A(4) which. provides " . . .such
other signs may be authorized as variances. by t'_ie Board of
Appeals. . . ." under the sign regulations, and noting -he Section of
Law disapproved by the Building. Inspector at Section 100-206B, the
following standards of New York Town Law were adopred (instead of
standards for a prohibited "land use") :
Page 2 - December 11, 1907
Appl. No. 4512: 1000-101-1-10
Southold Town Board of Appeals
(1) The granting of the setback variance will produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because light eminates from the illuminated sign
extensively and lights not only the sign and this pacel but
surrounding (nearby) parcels.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than a variance
because self-illuminated (internal) signs are not permitted in this
agricultural-conservation and residential district.
(3) The requested area variance is substantial in relation to the
code requirement because self-illuminated signs are only permitted in
the business zoned districts.
(4) The proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or
district because it is impossible to limit the lighting and restrict
to to site specific area of a parcel with a self-illuminated sign.
These types of signs cause light to be spread to all immediately
surrounding properties.
(5) The situation. has been self-created the applicant admits to
having the sign designed prior to checking under the. town .ordinance
to see if such a sign designed with internal lights would conform to
law.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and. protects the character
of the neighborhood, and the health, safety, welfare of the
community because the conditions herein allow the sign to remain
with external lighting as an alternative.
RESOLUTION/ACTION: On motion by Chairman Goehringer,
seconded by Member Collins, it was
RESOLVED, to DENY internal illumination of the existing sign;
alternatively, the sign may have external lighting by the
installation of two small spot lights close to the sign and shielded
downward without glare to surrounding areas.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, HORNING
and COLLINS. NAY: MEMBER DINIZIO (indicated use variance
standards were his choice). ABSTAINED: Member Tortora
(indicated more time was needed to determine whether the Board
should use "area variance" or "use variance" standards of Town
Law).
ERARD P. GOEHRINGER, CHAIR
Actions.all/101-1-10/signlight
Page 6 - Minutes
Regular Meeting - December 11, 1997
Southold Town Board of Appeals
1990 are to be completed before issuance of a Certificate of
Occupancy.
VOTE OF THE BOARD: MEMBERS Goehringer, Dinizio, Tortora,
Collins, and Horning. This resolution was duly ADOPTED (5-0).
V. RESOLUTION/OTHER:
a) To be held January 15, 1998:
Appl. #4527.gg - DONALD and MAUREEN SACKER
Appl. #4531.jd - DUANE PASCALE.
Carryover #4501.1t - E. NAGY
b) RESOLUTION for January 22, 1998
Motion was made by Member Tortora, seconded by
Chairman Goehringer, and duly carried, to CONFIRM the following
public hearings for January 22, 1998, (requesting an update by the
applicants before advertising), and AUTHORIZING advertisement for
the following applications:
Carryover #4509.1t .- TONYES/CITGO STATION, Southold.
Possible Carryovers #4522SE.jd and #4523.lt/Var P. RUSHIN & ANO. - add residential use.
New Application #4532.1t3 - SHAWN and D. WILLIAMS.
Proposed shed at 405 South Dr., Mattituck.
VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio,
Tortora, Collins and Horning. This resolution was duly ADOPTED
(5-0).
There being no other business properly coming before the Board at
this time, the Chairman declared the meeting adjourned. The
meeting adjourned at 11:20 p.m.
Respectfully submitted,
6 da Kowalski 12/31/97
Board Secretary
Attttachm ' s ( o �C'i
/'Approved for Filing
()C) Resolution Ad ted 1/22/98
RECEIVED AND FILED BY
THE SOUTH OLD T01v lv CL flix
DATE/ a,/9� HOUR 8 3°A M
407
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y. Town Clock, Town of Southold